Nursing Home Settles Case After Allowing Patient to Fall and Sustain Hip Fracture

An elderly nursing home patient diagnosed with Parkinson’s disease and dementia was admitted to a nursing home for rehabilitation following a hip fracture in May 2008. On admission to the facility, the patient was noted to be a high fall risk. While at the facility, the patient was permitted to fall more than 10 times. In February of 2010, the patient, who required extensive assistance for all ADL’s, fell while unattended in the restroom. The facility’s records indicate that the fall occurred before 9:00 a.m., however, the patient was not sent to the hospital until 12:45 that afternoon.

As a result of the fall, the patient sustained a right hip fracture which required internal fixation surgery. After the fall, the patient required powerful narcotics for pain management. The patient then returned back to the facility where the fall occurred. The patient's surgical wound later became infected and required antibiotic treatment. One month after the fall, the patient’s orthopedist noted that the fracture had little new bone formation. Three months after the fall, the patient developed a urinary tract infection and required hospitalization because the treatment at the nursing home had been ineffective. Following treatment for the infection, the patient was placed on hospice care. The patient passed away shortly thereafter.

The nursing home settled the case for a confidential, generous six-figure amount.

Robert W. Carter, Jr. is a Virginia attorney whose law practice is dedicated to protecting the rights of the victims of nursing home and assisted living neglect and abuse in Richmond, Roanoke, Norfolk, Lynchburg, Danville, Charlottesville, and across Virginia.

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